Matt Durham

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Matt Durham is a partner in Stoel Rives’ Salt Lake City office and past chair of the firm’s Labor & Employment group. Matt has more than 20 years of experience helping employers resolve disputes in state and federal courts and administrative agencies involving employment discrimination, harassment, wrongful termination, wage and hour, drug testing, leave, benefits and labor/occupational safety issues. He routinely advises employers on developing and implementing personnel policies and complying with state and federal employment laws. Matt also represents clients in general civil litigation matters and has experience mediating employment disputes.

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COVID-19 Vaccine and Mask Mandates – Comparison of Select States

By Emily Atmore, John Dudrey, Matt Durham, Bryan Hawkins, Karin Jones and Karen O'Connor on Posted in California, COVID-19, Minnesota, Oregon, Utah, Washington
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with. Stoel Rives has created an interactive map … Continue Reading

Utah Bill Challenges Federal Vaccine Mandate for Large Employers

By Matt Durham on Posted in coronavirus, COVID-19, Utah
In a special session this week, the Utah State Legislature passed a bill aimed at undermining the federal vaccine mandate for large employers.  Like previously existing law, SB 2004 mandates that any Utah employer requiring vaccination for COVID-19 must allow employees an exemption for medical or reasons or because of religious beliefs.  The Utah bill … Continue Reading

Do Employees Still Have to Wear a Mask?

By James Dale, Matt Durham, Bryan Hawkins, Karen O'Connor, Caroline Sundbaum and Chris Wall on Posted in California, coronavirus, COVID-19, Idaho, Oregon, Utah, Washington
Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis. As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements.  … Continue Reading

Utah Employers’ Ability to Use Non-Competes May Be Substantially Limited

By Matt Durham on Posted in employer policies, Updates, Utah
The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah.  Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation from the Utah House Business and Labor Interim Committee.  The bill adds to restrictions the Utah State Legislature enacted in 2016, which … Continue Reading

New Requirements on Employers After Utah Declares State of Emergency Due to COVID-19

By Matt Durham on Posted in COVID-19, employer policies, Updates, Utah
Utah residents were advised Sunday night of a state of emergency arising from the COVID-19 pandemic. In response to a significant spike in cases and attendant strain on Utah hospital facilities and health care providers, Governor Gary Herbert issued Executive Order 2020-73 (the “Executive Order”), imposing new restrictions to curb the transmission of the COVID-19 … Continue Reading

Utah Announces New COVID-19 Protocols

By Matt Durham on Posted in coronavirus, COVID-19, Utah
In the face of a significant COVID-19 surge, Utah Gov. Gary Herbert announced yesterday the implementation of a new regime for evaluating COVID-19 transmission risk and enhanced measures for mask use, social distancing, and other steps to combat transmission. Effective October 13, 2020, the state of Utah will use a three-tiered Transmission Index, placing counties … Continue Reading

Utah Counties Require Face Coverings

By Matt Durham on Posted in coronavirus, COVID-19, Utah
On June 25, Governor Gary Herbert approved requests by leaders in Salt Lake and Summit Counties to require face coverings in indoor and outdoor settings where social distancing is difficult or impossible.  The Governor had previously mandated the use of face coverings in state buildings, including state offices, liquor stores, colleges, and universities. Salt Lake … Continue Reading

FFCRA Leave for Childcare Closures May Extend Beyond the End of the School Year

By Caroline Sundbaum, Karen O'Connor and Matt Durham on Posted in coronavirus, COVID-19
Thank you to everyone who attended our webinar on Taming the COVID-19 Chaos, Part 6—Bringing Employees Back to Work.  If you missed it, be on the lookout for details on future webinars to help employers navigate these challenging times. We received some questions about whether employees can continue to use FFCRA leave after the end … Continue Reading

Utah Releases Plan to Reopen Its Economy

By Matt Durham on Posted in coronavirus, COVID-19, Utah
Like many states, Utah has begun considering how and when it can return its economy back to more normal activity.  On April 17, 2020, Governor Gary Herbert issued his Utah Leads Together Plan, version 2.0 (“Plan 2.0”).  This plan was partly in response to legislation passed in a special session of the Utah State Legislature, … Continue Reading

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

By Matt Durham, Caroline Sundbaum and Laura Rosenbaum on Posted in COVID-19, Uncategorized
With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation.  Among many issues to consider is how to treat absences related to coronavirus.  Not only must employers consider how to treat employees who themselves become ill, they must also prepare … Continue Reading

Department of Labor Seeks Input on New Rules for White Collar Exemptions

By Ryan Kunkel, John Dudrey and Matt Durham on Posted in Department of Labor, FLSA, Gov't Agencies, Updates, wage and hour
Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here).  (UPDATE: A Texas federal court invalided the rule on August 31, 2017.)  That rule would have more than doubled the salary requirement for an overtime … Continue Reading

Utah Passes Bill Regulating Non-Competes

By Matt Durham on Posted in Utah
After heated debate between legislators and among the business community, the Utah state legislature has passed HB 251, the Post-Employment Restrictions Act.  As passed, the Act prohibits “post-employment restrictive covenants” with restrictive periods longer than one year.  The Act defines a “post-employment restrictive covenant” (also identified in the statute as a “covenant not to compete” … Continue Reading

“Employer-Friendly” Utah Legislature Considers Regulating Non-Compete Agreements

By Matt Durham on Posted in News, States, Utah
Many employers in Utah use non-competition agreements to protect their confidential information, customer relationships and investment in employee training and development. In a somewhat surprising move, the usually employer-friendly Utah State legislature has signaled its willingness to join California and a handful of other states in attempting to regulate these kinds of agreements. The Utah … Continue Reading

Utah LGBT Anti-Discrimination Law Goes Into Effect

By Matt Durham on Posted in Utah
The folks at KUER ran a report yesterday on Utah’s ground breaking LGBT antidiscrimination law, which went into effect yesterday. Titled the Antidiscrimination and Religious Freedom Act, the law prohibits workplace discrimination on the basis of sexual orientation and gender identity on the same terms as discrimination on the basis of race, gender, national origin … Continue Reading

Utah Legislators Make History, Pass LGBT Antidiscrimination/Religious Freedom Bill

By Matt Durham on Posted in Articles, Employment Law Blogs, Updates, Utah
Utah legislators made national headlines last night when they approved a bill providing antidiscrimination protections to LGBT employees coupled with protections for religious expression in the workplace. Titled the Utah Antidiscrimination and Religious Freedom Act (the “Act”), the bill received support from across Utah’s political spectrum, including the Church of Jesus Christ of Latter-Day Saints, the … Continue Reading

Utah Immigration Legislation Remains Up In the Air (UPDATED)

By Matt Durham on Posted in Immigration, News, Utah
Immigration was one of the top issues in the 2011 Utah Legislative session, which concluded last week. Contrary to early predictions, Utah did not adopt a carbon-copy of Arizona’s controversial immigration law. In fact, even the “enforcement” legislation, which got so much attention before the session, passed only after it was amended to remove language that some … Continue Reading

How To Avoid Holiday Party Pitfalls (and Liability)

By Matt Durham on Posted in Practical Tips
According to recent poll by the Society of Human Managers (SHRM), fewer employers are foregoing holiday parties this year than in 2009. Although the economy continues to sputter, many employers likely see the traditional holiday party as a relatively inexpensive way of boosting morale and creating good will among their employees.  Some employers approach party planning … Continue Reading
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